Court ruling says initiatives must go on November ballot

Quick action by the opponents of Cornelius’ city gas tax and streetlight fee has left the city with an ultimatum: Put the initiatives on the November 2010 ballot or face more legal fees to try to keep them off the ballot until 2012.

The city council on Aug. 16 read two citizen initiatives — one to repeal the 2-cent per gallon gas tax and one to repeal the $2.25 per month street lighting fee. The council voted to refer the initiatives to the voters, but said the soonest that could be done is November 2012.

Paul Romain, representing the chief initiative petitioners, argued that the city was misreading its own code and that the initiatives met the deadline to be placed on the November 2010 ballot.

Romain filed paperwork with the Washington County Circuit Court and a judge issued a writ of mandamus last Thursday directing the city to place the initiatives on the November ballot.

The ruling said that if city councilors convened by Monday, Aug. 23, and took action to obey the writ, the city would not incur attorney fees. City recorder Debby Roth said fees are about $10,000.

Cornelius Mayor Bill Bash indicated Monday morning that he had spoken with city councilors. “We’ll direct the city attorney to go to court (to stop the circuit court ruling) so we can argue our point of view,” Bash said.